Common use of Notices to the Company Clause in Contracts

Notices to the Company. Any notice sent by the Investor to the Company, including but not limited to an Investor Call Purchase Notice, notifying the Company of the Investor's election to purchase Common Stock (each an "Investor Notice") and any other notice sent by the Investor to the Company shall be deemed to be delivered on the Trading Day it is received by facsimile or otherwise received in writing via courier, hand delivery or first-class mail (return receipt requested) by the Company if such notice is received prior to 5:00 P.M. California time, or it shall be deemed to be delivered on the immediately succeeding Trading Day if it is received by facsimile or otherwise after 5:00 P.M. California time or on any day which is not a Trading Day (in which case the provisions of Section 2.2(c) and the conditions to the Closing must be satisfied as of such immediately succeeding Trading Day).

Notices to the Company. Any notice sent by the Investor to the Company, including but not limited to an Investor Call Purchase Notice, Company notifying the Company of the Investor's election to purchase Common Stock (each an "Investor Notice") and any other notice sent by the Investor to the Company shall be deemed to be delivered on the Trading Day it is received by facsimile or otherwise received in writing via courier, hand delivery or first-class mail (return receipt requested) by the Company if such notice is received prior to 5:00 P.M. California time, or it shall be deemed to be delivered on the immediately succeeding Trading Day if it is received by facsimile or otherwise after 5:00 P.M. California time or on any day which is not a Trading Day (in which case the provisions of Section 2.2(c) and the conditions to the Closing must be satisfied as of such immediately succeeding Trading Day).